TENANT NUISANCES

Smoking in Tenant's Apartment Wasn't Prohibited by Lease and Didn't Constitute Nuisance

June 25, 2018    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance due to excessive cigarette smoke that flowed into next-door tenant's apartment through gaps in the baseboards, floors, and the...

Court Gives Schizophrenic Tenant Who Started Fires Chance to Cure Nuisance Behavior

May 28, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, landlord showed that tenant caused two apartment fires in three months. The first fire, in tenant's bathtub, created a smoke...

One Incident Where Roommate Attacked Security Guard Didn't Create Nuisance

May 26, 2018    

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance, based on actions of tenant's roommate. Tenant asked the court to dismiss the case, arguing that the actions alleged didn't...

Single Incident Not Sufficient to Show Course of Objectionable Conduct

April 25, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord's termination notice stated that landlord left a pot burning on her stove on Aug. 29, 2017, causing a smoke condition that was dangerous and...

Notice to Cure Didn't State What Lease Provisions Were Violated

April 25, 2018    

Landlord sued to evict tenant for creating a public nuisance. Landlord claimed that tenant smoked cigarettes inside his apartment and permitted secondhand smoke to enter into neighboring apartments. Landlord claimed...

Landlord Can't Prove Tenant or Her Son Sold Drugs from Apartment

February 14, 2018    

Landlord sued to evict tenant for using her apartment to facilitate drug trade and for creating a nuisance. The court ruled against landlord after a trial. Landlord appealed and lost. There was no claim or proof...

Tenant Can't Cure Nuisance Condition

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by repeatedly filing complaints against landlord relating to conditions in her apartment, resulting in the placement of violations, and then...

Landlord Entitled to Hearing on Whether Tenant Continued Objectionable Conduct

January 16, 2018    

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant agreed to refrain from harassing and threatening other tenants in the building during a...

Landlord Claims Tenant Gutted and Demolished Bathroom

January 16, 2018    

Landlord sued to evict rent-stabilized tenant for creating a nuisance and violating Rent Stabilization Code Section 2524.3(b) by making unauthorized alterations that damaged the apartment. The court ruled for...

Tenant Can Conduct Pretrial Questioning in Nuisance Case

November 22, 2017    

Landlord sued to evict Section 8 tenant for creating a nuisance. Landlord claimed that tenant held frequent, loud parties where people engaged in antisocial, destructive, and illegal conduct in the building hallways...

Landlord Can Evict Tenant for Objectionable Conduct

November 20, 2017    

Landlord sued to evict tenant for committing a nuisance. The court ruled for landlord. Tenant appealed and lost. Landlord proved at trial that tenant engaged over a period of years in a pattern of objectionable...

Tenant Not Responsible for Damage to Elevator Doors Caused by Nonresident Son

October 28, 2017    

Landlord sued rent-stabilized, Section 8 tenant for damages, claiming that tenant owed $5,000 because her son damaged the elevator doors in the lobby. Tenant's son had previously lived with her but had moved out...

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